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(영문) 서울중앙지방법원 2014.09.24 2014고단4664
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a two-wheeled vehicle B CA110.

On June 13, 2014, around 18:50 on June 13, 2014, the Defendant was driving along the crosswalk with the cexprison of Samsung 73-dong, Gangnam-gu, Seoul.

At the time, there was a green signal, so there was a duty of care to prevent accidents in advance by safely driving the driver of the two-wheeled vehicle without passing the crosswalk.

Nevertheless, the Defendant neglected to do so and got off the left side of the victim C (the age of 38) who passed the crosswalk in front of the said two-wheeled vehicle due to the negligence of driving the two-wheeled vehicle on the above crosswalk.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as a scopic scopic scopic scopty on the left-hand side

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The area of mitigation (1 to 6 months) of Part I of the General Traffic Accidents (1 to 6 months) [Special Mitigation Decision] and one year of suspended execution (1 year of suspended execution (20 years of imprisonment without prison labor, in consideration of sentencing factors, initial offenders, serious reflectness, etc.) in April of imprisonment without prison labor;

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